Mackenzie Architects International Pty Ltd v North Sydney Council [2025] NSWLEC 1044

Land and Environment Court New South Wales

Medium Neutral Citation: Mackenzie Architects International Pty Ltd v North Sydney Council [2025] NSWLEC 1044 Hearing dates: 10 December 2024 Date of orders: 29 January 2025 Decision date: 29 January 2025 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No DA 307/23 seeking consent for the demolition of the existing dwelling and the construction of a one x 4-storey dual occupancy, including turning plate and car hoist system, new access stairs within the rear setback and associated landscape works at 178B Kurraba Road, Kurraba Point, is refused. (3) All Exhibits are returned, except for Exhibits A, B, C, D, J, K and 2R-4. Catchwords: DEVELOPMENT APPLICATION: dual occupancy development in R2 low density residential zone – whether the likely impacts of development are acceptable – whether the development will cause environmental harm Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.5, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 38 Statement Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, Ch 6 North Sydney Local Environmental Plan 2013, cll 4.3, 4.6, 6.9, 6.10 Cases Cited: North Sydney Council v Ligon 302 Pty Limited (1996) 185 CLR 470; [1996] HCA 20 Oboodi v Hornsby Shire Council [2019] NSWLEC 1287 XYZ Services Pty Limited v Inner West Council [2024] NSWLEC 1765 Category: Principal judgment Parties: Mackenzie Architects International Pty Ltd (Applicant) North Sydney Council (First Respondent) Colin Franklin (Second Respondent) Representation: Counsel: A Pickles SC (Applicant) M Harker (First Respondent) J Reid (Second Respondent)